Skip to content
Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part X: Rules

Section 128 CPC: Matters for which rules may provide

Bare Act text

128. Matters for which rules may provide.—(1) Such rules shall be not inconsistent with the provisions in the body of this code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts.

(2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely:—

(a) the service of summonses, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;

(b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale;

(c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction;

(d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts;

(e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not;

(f) summary procedure—

(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising— on a contract express or implied; or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only; or on a trust; or

(ii) in suits for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forefeiture for non-payment of rent, or against persons claiming under such tenant;

(g) procedure by way of originating summons;

(h) consolidation of suits, appeals and other proceedings;

(i) delegation to any Registrar, Prothonotary or Master or other official of the Court of any judicial, quasi-judicial and non judicial duties; and

(j) all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Civil Courts.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Rules made by the High Courts must not be inconsistent with the body of the Code but may provide for any matter relating to the procedure of Civil Courts. Without limiting that, sub-section (2) lists matters such as service of summonses, notices and processes by post or otherwise and proof of service, and custody and sale of attached live-stock and movable property. It also lists many other matters on which rules may be made.

Part X: Rules

  1. 121 Effect of rules in First Schedule
  2. 122 Power of certain High Courts to make rules
  3. 123 Constitution of Rules Committees in certain States
  4. 124 Committee to report to High Court
  5. 125 Power of other High Courts to make rules
  6. 126 Rules to be subject to approval
  7. 127 Publication of rules
  8. 128 Matters for which rules may provide
  9. 129 Power of High Courts to make rules as to their original civil procedure
  10. 130 Powers of other High Courts to make rules as to matters other than procedure
  11. 131 Publication of rules
ShareWhatsAppTelegramLinkedInX